FIRST SECTION

DECISION

Application no. 4358/09
Rafail MURADOV
against Azerbaijan

The European Court of Human Rights (First Section), sitting on 26 November 2013 as a Committee composed of:

Julia Laffranque, President,
Khanlar Hajiyev,
Erik Møse, judges,
and André Wampach, Depty Section Registrar,

Having regard to the above application lodged on 6 January 2009,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

THE FACTS

1. The applicant, Mr Rafail Muradov, is an Azerbaijani national, who was born in 1984 and lives in Baku. He was represented before the Court by Mr Y. Khankishiyev, a lawyer practising in Azerbaijan. The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov.

2. The facts of the case, as submitted by the parties, may be summarised as follows.

3. On 11 February 2008 the applicant was arrested by the police on suspicion of theft. On 14 February 2008 the applicant was formally charged under Article 177 (theft) of the Criminal Code. On the same day the Absheron District Court ordered the applicant’s pre-trial detention for a period of two months.

4. The applicant’s pre-trial detention was subsequently extended by the Absheron District Court’s decision of 11 April 2008 and the Sumgayit Military Court’s decision of 6 May 2008.

5. On 27 May 2008 the Sumgayit Military Court rejected the applicant’s request for replacement of his pre-trial detention by house arrest. On 24 June 2008 the Sumgayit Court of Appeal upheld the Sumgayit Military Court’s decision of 27 May 2008.

6. By the end of June 2008, the investigation had been completed and the case was forwarded to the Sumgayit Military Court for trial.

7. On 25 June 2008 the Sumgayit Military Court held a preliminary hearing. At this hearing the court rejected the applicant’s request for re